KENTUCKY HOUSE RESOLUTION 155

Kentucky House of Representatives Resolution 155 directs the LRC to establish a task force to study interscholastic athletics at the middle school level, identify areas to be studied and task force membership, and require findings and recommendations to be reported by December 7, 2012.

Athlete Safety 1st Team thanks Rep Damron and the KY House for this beginning. But KY HR 155 is insufficient and does not completely address Child Athletes and their participation in Sports, Recreation and Exercise (SRE) and Violence in Sports. Expansion of HR 155 coverage is necessary.

Current History of HCR 155 (BR 997) – R. Damron, D. Keene, R. Nelson, S. Riggs

Direct the Legislative Research Commission to establish a task force to study interscholastic athletics at the middle school level, identify areas to be studied and task force membership, and require findings and recommendations to be reported by December 7, 2012.

HCR 155 – AMENDMENTS

SCA (1, J. Westwood) – Amend membership to allow a designee for legislative committee chairs and to include a representative of the Kentucky Middle School Basketball Associaion.
SFA (1, J. Westwood) – Amend membership to allow a designee for legislative committee chairs and to include a representative of the Kentucky Association of Basketball Coaches.

Feb 16-introduced in House
Feb 21-to Education (H)
Feb 23-posted in committee
Feb 28-reported favorably, 1st reading, to Calendar
Feb 29-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 1, 2012
Mar 1-3rd reading, adopted 95-0
Mar 2-received in Senate
Mar 5-to Education (S)
Mar 22-reported favorably, 1st reading, to Consent Calendar with committee amendment (1)
Mar 23-2nd reading, to Rules
Mar 26-floor amendment (1) filed ; posted for passage in the Consent Orders of the Day for Monday, March 26, 2012; 3rd reading, adopted 36-0 with committee amendment (1)
Mar 27-received in House; to Rules (H)
Mar 28-posted for passage for concurrence in Senate committee amendment (1) ; House concurred in Senate committee amendment (1) ; adopted 94-0
Mar 29-enrolled, signed by Speaker of the House
Mar 30-enrolled, signed by President of the Senate; delivered to Governor
Apr 11-signed by Governor (Acts ch. 38

• The 2010 U.S. Child Athlete Population was ~45,000,000. ~60% of U.S. Children played one School or Non-School Amateur Sport in 2010
• ~34,000,000 U.S. School and Non-School Child Athletes less than 18 do not have comparable High School Athletic Association oversight.
• Kentucky has about 1.5% of the U.S. Population
• Only about 83% of High Schools belong to the KHSAA.
• ~675,000 Child Athletes participate in Kentucky Amateur Sports, Recreation and Exercise
• ~ 76% of KY Child Amateur SRE Participants less than 18 years old who participate in School and Non-School SRE and the Competitions and Games in which they play have NO oversight comparable to KHSAA.
• A Kentucky Amateur Athletic Association Board (KAAAB) should be Legislatively Enacted as a State Agency, similar to the Kentucky Board of Medical Licensure and others who provide special Care for Children and the general population.
• KAAAB should be a Governmental Agency with Oversight, Educational and Coach Licensure authority for all High School and Non-High School Amateur Sports, Recreation and Exercise.
• All Coaches of KY Children less than 18 years old are “Substitute Caretakers” in SRE according to the KY Department of Community Based Services (DCBS), KY Child Protection Services (CPS), Surgeon General, CDC and NIH, and U.S. Dept. of Health and Human Services
• Coaches and others just don’t know it. Coaches and others have not been told their definition and their legal Role during Children’s SRE Participation,and the language of Coaches’ legal Role has not been properly authored in the law, issued, published and promulgated to the public. terrible flaws in our SRE systems.
• The American Academy of Pediatrics, American Association of Orthopedic Surgeons, CDC, NIH and Advocate Doctors, such as myself, and Athlete Safety 1st aim to reduce the Preventable, Not-Accidental Injuries and Deaths in SRE. Awareness and Education of the Legal Role of Amateur Child Athlete Coaches is be key.
• Because the Coach’s Role as “Coach Substitute Caretaker” in SRE, just like the Roles of teachers, clergy, bus drivers etc. in their professions has not been made “Crystal Clear”:
• Child Athlete Safety will continue to be compromised and Child Athletes maltreated and endangered from Physical, Psychological and Sexual Abuse, Preventable, Not-Accidental Injuries and Deaths
• Competitions and Games in SRE will not have proper oversight
• Sports Violence will continue to escalate
• Citizens, Doctors and other Health Care Personnel will continue not Reporting Coaches for Child Athlete Physical, Psychological and Sexual Abuse
• And Coaches will continue to be blindsided with Criminal and Civil Litigations and everyone shocked and stunned when the negative outcomes and tragedies happen in Amateur SRE, particularly criminal litigations.
• Including “Coach Substitute Caretaker for Sports, Recreation and Exercise” in the Language of the Law and Definitions of Caretaker in KY Law, KRS 600-645, and Federal Law, Child Abuse Prevention and Treatment Act 2010 Section 3. Paragraph 2. Will be a win-win Amendment for Prevention of Athlete Injuries and Deaths and Sports Violence and an increased Awareness for Athlete Safety 1st.

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Congratulations to the KY 2012 House of Representatives and Rep. Bob Damron for House Resolution 155. Athlete Safety 1st supports his HR 155. It is a start, but needs expansion.

Slowly but surely, Child Athletes in every venue will become more completely Protected and Supervised and Sports Violence reduced. Additionally, the Athlete Safety 1st Team offers supporting recommendations for consideration to the Legislative Research Commission and task force to be established, including amendments to

• HB 281, Now in KY Senate: Section 1. KRS 160.445 (KY Sports Safety Course Required For High School Athletics Coaches) and KRS 620 Definitions .

• KRS 600.020 Definitions for KRS Chapters 600 to 645. Amendment in Capital Letters below. As used in KRS Chapters 600 to 645, unless the context otherwise requires:
(1) “Abused or neglected child” means a child whose health or welfare is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision of the child, INCLUDING COACH SUBSTITUTE CARETAKERS OF SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE, :

The Athlete Safety 1st Team has researched Child (<18) Athlete Participation and Safety from many vantage points and perspectives for many years. We have identified many problems and solutions for those problems for Child Athlete Protection, Supervision and Safety in School and Non-School Sports. Kentucky House of Representatives Resolution 155 is to direct the Legislative Research Commission to establish a task force to study interscholastic athletics at the middle school level, identify areas to be studied and task force membership, and require findings and recommendations to be reported by December 7, 2012. HCR 155 (BR 997) - R. Damron, D. Keene, R. Nelson, S. Riggs Direct the Legislative Research Commission to establish a task force to study interscholastic athletics at the middle school level, identify areas to be studied and task force membership, and require findings and recommendations to be reported by December 7, 2012. HCR 155 - AMENDMENTS SCA (1, J. Westwood) - Amend membership to allow a designee for legislative committee chairs and to include a representative of the Kentucky Middle School Basketball Associaion. SFA (1, J. Westwood) - Amend membership to allow a designee for legislative committee chairs and to include a representative of the Kentucky Association of Basketball Coaches. Feb 16-introduced in House Feb 21-to Education (H) Feb 23-posted in committee Feb 28-reported favorably, 1st reading, to Calendar Feb 29-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 1, 2012 Mar 1-3rd reading, adopted 95-0 Mar 2-received in Senate Mar 5-to Education (S) Mar 22-reported favorably, 1st reading, to Consent Calendar with committee amendment (1) Mar 23-2nd reading, to Rules Mar 26-floor amendment (1) filed ; posted for passage in the Consent Orders of the Day for Monday, March 26, 2012; 3rd reading, adopted 36-0 with committee amendment (1) Mar 27-received in House; to Rules (H) Mar 28-posted for passage for concurrence in Senate committee amendment (1) ; House concurred in Senate committee amendment (1) ; adopted 94-0 Mar 29-enrolled, signed by Speaker of the House Mar 30-enrolled, signed by President of the Senate; delivered to Governor Apr 11-signed by Governor (Acts ch. 38 The KY Legislative Research Commission and task force should consider the following: • Accurate data and numbers are difficult to procure. Some reports have participants in Sports, Recreation and Exercise counted 2 times if they played in 2 sports, for example. The following are estimates. But the picture is clear. • 75,200,000 U.S. Children <18 YO in 2010. [9.] • ~20,000,000 U.S. Children 6 -18 played organized, Non-School Amateur Sports • ~25,000,000 played organized School Amateur Sports • Therefore, the U.S. Child Athlete Population ~45,000,000 (~60%) U.S. Children played one School or Non-School Amateur Sport 2010 • About 11,000,000 U.S. High School Child Athletes less than 18 overseen by High School Athletic Associations according to the National Federation of High School Athletic Associations. • It follws that 34,000,000 U.S. Child Athletes less than 18 do not have comparable High School Athletic Association oversight. • Kentucky has about 1.5% of the U.S. Population • Only about 83% of High Schools belong to the KHSAA. Membership is voluntary and not a state requirement. • About 675,000 Child Athletes participate in Kentucky Amateur Sports, Recreation and Exercise • Thus, approximately 165,000 (1.5% x 11,000,000 NFHSAA) Kentucky Child High School SRE Participants have KHSAA oversight • Therefore, approximately 510,000 (1.5% x 34,000,000) Kentucky Child Non-High School Amateur SRE Participants including Middle School, Soccer Cheerleading, Gymnastics, Little League Baseball, Pop Warner Football, Swimming, Church League Basketball etc. are without comparable KHSAA oversight. • 60% of Kentucky Children <18 participate in one school or non-school Sport. • It follows that nearly 76% of Child Amateur SRE Participants less than 18 years old who participate in SRE in Kentucky have NO oversight comparable to KHSAA. • Not only Middle School Athletes, but all Kentucky Child Amateur Athletes less than 18 years old who participate in SRE need proper Child Athlete Protection, Supervision and Safety 1st Awareness. • A Kentucky Amateur Athletic Association Board (KAAAB) should be Legislatively Enacted as a State Agency, similar to the Kentucky Board of Medical Licensure. KAAAB should be a Governmental Agency with Oversight, Educational and Coach Licensure authority for all High School and Non-High School Amateur Sports, Recreation and Exercise. • All Coaches of Kentucky Children less than 18 years old are “Substitute Caretakers” in SRE according to the KY Department of Community Based Services (DCBS) and the KY Child Protection Services (CPS) who trained me and educated me about Coaches' Role during my Child Abuse Recognition Education (C.A.R.E.). • Coaches and others just don't know it. Coaches and others have not been told the definition and the legal language of Coaches’ legal Role during Children’s SRE Participation, terrible flaws in our SRE systems. • We attending Doctors were trained to train other Doctors how to recognize Child Abuse in every venue during 2009 C.A.R.E. training. • The American Academy of Pediatrics, American Association of Orthapedic Surgeons, CDC, NIH and Advocat Doctors and Athlete Safety 1st aim to reduce the Preventable, Not-Accidental Injuries and Deaths in SRE. • Because the Coach’s Role as “Coach Substitute Caretaker” in SRE similar teachers, clergy, bus drivers etc. in their professions has not been made “Crystal Clear” : • Child Athlete Safety will continue to be compromised and Child Athletes maltreated and endangered from Physical, Psychological and Sexual Abuse, Preventable, Not-Accidental Injuries and Deaths • Citizens, Doctors and other Health Care Personel will continue not Reporting Coaches for Child Athlete Physical, Psychological and Sexual Abuse • And Coaches will continue to be blindsided with Criminal and Civil Litigations and everyone shocked and stunned when the negative outcomes and tragedies happen in Amateur SRE, particularly criminal litigations. • Including "Coach Substitute Caretaker for Sports, Recreation and Exercise" in the Language of the Law and Definitions of Caretaker in KRS 600-645 will be a win-win. Athlete Safety 1st Team recommends additional Amendments to KRS 160.445 and KRS 600.020 with the following language in Capitals: • HB 281, Now in KY Senate: Section 1. KRS 160.445 (KY Sports Safety Course Required For High School Athletics Coaches) and KRS 620 Definitions KRS 160.445 Section 1. KRS 160.445 is amended to read as follows: (1) (a) The Kentucky Board of Education or organization or agency designated by the board to manage interscholastic athletics shall require each interscholastic[high school] coach to complete a sports safety course consisting of training on how to prevent common injuries. The content of the course shall include but not be limited to emergency planning, heat and cold illnesses, emergency recognition, head injuries including concussions, neck injuries, facial injuries, and principles of first aid. The course shall also be focused on safety education, CHILD ATHLETE ABUSE EDUCATION AND THE COACH’S ROLE IN ITERSCHOLASTIC SPORTS RECREATION AND EXERCISE AS COACH-SUBSTITUTE-CARETAKER and shall not include coaching principles. • KRS 600.020 Definitions for KRS Chapters 600 to 645. As used in KRS Chapters 600 to 645, unless the context otherwise requires: (1) "Abused or neglected child" means a child whose health or welfare is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision of the child, INCLUDING COACH SUBSTITUTE CARETAKERS OF SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE, : Doctors take proactive interest in the Prevention of Illness, Disease and Not-Accidental Injuries and Deaths. Problematic Coaches, who Abuse Children, cause Preventable, Not Accidental Morbidity and Mortality to those Children. That causes an increased Health Care Burden to Doctors and Society and increased Health Care Dollars. Doctors are required by law to Report The Child Athlete Injury and Problematic Coaches who Abuse Child Athletes and other participants in Sports, Recreation and Exercise. _____________________________________

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